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Dex15

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Everything posted by Dex15

  1. The decision to appeal is not something we have considered, i didn't know you could and the judge didn't mention this. I just feel that we have been pushed in s corner with all this, the witness statement outlined everything and even that was dismissed and we have incurred costs on top. Regarding the F&F payment, I have no proof that AG have ownership of the debt, therefore before any payment is offered do I need AG to provide proof ? And if they can't wouldn't that raise the question of whether the judgement was issued lawfully ?
  2. Hi sorry, yes we did get to the hearing stage, which got dismissed on day of the hearing, judge stated application was filed too late and we would have to settle the claimants costs!
  3. Ok, can the file be updated as satisfied if any f&f payment is made? Andy, when we filled the N244 form our inital argument was that we did not receive the claim form. When I drafted the witness statement, it was then that we stated we would defend on statute barred debt and non receipt if claim form.
  4. When I received the default judgement I had no idea what the claim was for. When I made some enquiries with the DCA it was then I was informed that the claim was for a credit card account. Had I received the original claim form I would have defended any court action as I have no idea what the credit card account is for, I didn't have the chance to get any proof of the details, debt, deed of assignment from the DCA. From what it appears is that the DCA knew the claim was statute barred when they went for court action, which explains why I did not receive any letters from the DCA solicitor advising me if their intentions to take out the judgment even though they claim they did, they provided me with letters which they claim they sent to me but I can state I did not. The main issue we is the credit files , we just would like this resolved and have the judgment taken off, will a full and final settlement allow this?
  5. Hi The claim was for a credit card outstanding balance from 2004, of which was sold to AG in 2010. No liability of the claim and no payments have been made. With regard to the claim form, well this is what I find surprising is that the DCA provided me with copies which they claim they sent to me however I have never been receipt of them . The claim form was apparently served to me at my current address? Again I was never at all in receipt of any DCA letters or the claim form. Had I received the claim form I would have defended the claim. I put all of this in my defence statement .
  6. Hi The default judgement was made in May 2014 this was when I became aware of it, however i filled the application March this year. I did not know at the time that you can apply to have it set aside. When I did look into it, I found inconstantances of the DCA claiming they sent me various letters before court action which I did not receive. All of this was put in my defence statement.
  7. Our case was refused because we applied to have the CCJ set aside too late. We had a good defence in that a) the claim is statute barred and b) we never in receipt of the claim form, hence we were issued a default judgement! The option to appeal is not something we have considered as its time consuming and plus don't want to incur any more costs, we just want to get this whole saga resolved. When we found out about the judgement we did not know at the time that you can apply to have set a side!!
  8. Hi, looking for some help... we had a CCJ last year from Arrow Global via Restons Sol. We applied to set aside the application however we have been refused! We need to have to CCJ cleared. Reluctantly we are looking to offer a full and final settlement, however before any payment is offered I have the following queries : Do we need to request Arrow Global to provide proof that they have ownership of the debt. We have never received any letters in the past from AG nor we have never made any payment, as we no idea what the claim is for. Also, if the full and final payment is made, will the credit file get marked as satisfied and not partially paid ?
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